James’ lawyer said after a hearing at Manhattan Criminal Court that the grand jury would not be hearing from his client.

“We waived Mr. Rackover’s right to testify,’’ said the lawyer, Maurice Sercarz.

“It’s apparent the District Attorney’s Office is struggling to come to some conclusion as to what happened and led to the grisly discovery of that body in New Jersey,” Sercarz said. “These are precisely the kind of cases where the pressure to resolve can lead to a hasty and erroneous conclusion, so what he’s entitled to is a dispassionate and careful investigation.”

Dilione had initially admitted to a detective that they dumped Comunale’s body in Oceanport, NJ, but before he could tell him more, his lawyer walked in and ended the conversation, according to law-enforcement sources.

Rackover has insisted he didn’t have anything to do with the crime. But blood was found in his apartment and on his clothes, sources said.

Also Monday, prosecutors won an application to photograph James Rackover for injuries consistent with the victim’s injuries.